News & Analysis as of

Title VII Virus Testing

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Parker Poe Adams & Bernstein LLP

Mandatory COVID Testing Did Not Violate Employee's Religious Beliefs

Lawsuits challenging employers' authority to require measures intended to prevent COVID-19 infections continue to wend their way through the federal judiciary. Last month, the Seventh Circuit Court of Appeals rejected a claim...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Courts in Wisconsin and Kentucky Issue Decisions in Favor of Employers Facing COVID-19–Related Legal Issues

In September 2023, federal trial courts in Wisconsin and Kentucky issued decisions dismissing plaintiffs’ claims related to employers’ COVID-19 vaccination and testing requirements....more

Foley & Lardner LLP

EEOC Drops New Guidance on COVID-19 Testing

Foley & Lardner LLP on

More than two years into the COVID-19 pandemic, and in the face of all sorts of uncertainty amid multiple new variants and waves of infection, employers could at least be confident of one thing – it is generally okay to...more

Jackson Lewis P.C.

OSHA Withdraws Vaccine-Or-Test Emergency Temporary Standard for COVID-19

Jackson Lewis P.C. on

The Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees...more

Jackson Lewis P.C.

U.S. Supreme Court Puts OSHA COVID-19 Vaccine-Or-Test ETS Back on Ice

Jackson Lewis P.C. on

In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). The Court described the standard as a “blunt...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 Edition

Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more

Holland & Hart - Employers' Lawyers

New OSHA and CMS COVID-19 Vaccination & Testing Mandates: What Employers Need to Know

Today, the Department of Occupational Safety and Health Administration (OSHA) issued its Covid-19 Vaccination and Testing Emergency Temporary Standard (ETS) and the Centers for Medicare & Medicaid Services (CMS) issued its...more

Foley Hoag LLP

Details on OSHA, CMS Vaccination Rules Released

Foley Hoag LLP on

On November 6, 2021, the Fifth Circuit Court of Appeals temporarily blocked enforcement of the OSHA vaccination-or-testing rule. Citing “grave statutory and constitutional issues” with the rule, a three-judge panel issued the...more

Rumberger | Kirk

Vaccine Mandates and Religious Exemptions: Why Employers are Confused

Rumberger | Kirk on

On January 20, 2021, President Biden issued Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing in which he ordered the heads of executive departments and Federal agencies to immediately take action...more

Foley Hoag LLP

EEOC Updates Guidance on Religious Exemptions to Workplace Vaccine Requirements

Foley Hoag LLP on

On October 25, 2021, as more employers adopt workplace vaccination requirements for their employees, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance concerning requiring COVID-19 vaccinations in...more

Akerman LLP - HR Defense

Objections to COVID-Testing and Asking Vax Status Up Front: Best Practices

Akerman LLP - HR Defense on

Employers are being inundated with employee requests for exemptions, not just from mandatory vaccination policies, but also from policies requiring regular COVID-19 testing. How do employers square their duty to provide a...more

Haynsworth Sinkler Boyd, P.A.

Top 7 Questions Employers Have About President Biden’s Mandatory Vaccination Plan, Next Steps

Many employers were left with more questions than answers after President Biden discussed the private employer requirement of his COVID-19 Action Plan, the “Path out of the Pandemic Plan,” on September 9, 2021. Chris...more

Smith Anderson

The Biden Administration Puts the Burden on Employers

Smith Anderson on

On September 9, 2021, President Biden announced several updates to his plan for combatting the COVID-19 pandemic. Although media reports have led some to believe that President Biden’s actions have imposed an immediately...more

McGlinchey Stafford

How Can Employers Prepare For Biden’s Vaccine/Testing Mandate?

McGlinchey Stafford on

On Thursday, September 9, 2021, President Biden announced that the Department of Labor is preparing to mandate that all business with 100 or more workers require their employees to either get vaccinated against the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

COVID-19 Variants and Key Government Actions Accelerate Employer Vaccination Policy Implementation

With transmission of the Delta variant on the rise, many employers are revisiting plans to implement COVID-19 vaccination policies. As we have previously explained, employers may encourage and mandate vaccination against...more

McDermott Will & Emery

Return to Work Virtual Toolkit for Employers - The COVID-19 Vaccine: What Can Employers Require?

McDermott Will & Emery on

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more

Bradley Arant Boult Cummings LLP

COVID-19 in the Workspace: Is Enough Enough?

You’ve attended the webinars on navigating COVID-19. You’ve read the trade publication tips. You have implemented measures to protect your workers. So, you’re ahead of the game, right? Well, you’re certainly ahead of the...more

Epstein Becker & Green

#WorkforceWednesday: Readying Vaccine Policies, ACA’s Fate @SCOTUS, Jury Trials Shut Down - Employment Law This Week®

Epstein Becker & Green on

It’s #WorkforceWednesday! This week, the next big challenge for employers—vaccine policy readiness. We also look at how the U.S. Supreme Court might rule on two employee benefits-related issues. It’s Time to Ready Your...more

Fisher Phillips

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

Epstein Becker & Green

Rule 5: Yes, My Employer Can Do That: Balancing employers’ rights and responsibilities with employee privacy – Return to Work in...

Epstein Becker & Green on

By now, those who have been following this series know the basics. You’ve formulated (or are in the process of formulating) a “return to work” plan, which includes, among other things, implementing policies and guidelines...more

Jackson Lewis P.C.

More EEOC COVID-19 Guidance: Testing, Screening, Managers, Confidentiality, And Telework

Jackson Lewis P.C. on

Since March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Laner Muchin, Ltd.

Requiring Antibody Tests Violates the Americans With Disabilities Act

Laner Muchin, Ltd. on

The Equal Employment Opportunity Commission (the “EEOC”) updated its COVID-19 guidance this week and for the first time addressed the question of may an employer require employees to take a test to determine whether an...more

Morgan Lewis

EEOC Issues New Guidance on COVID-19

Morgan Lewis on

The US Equal Employment Opportunity Commission (EEOC) issued its most recent round of Q&As on June 11 offering guidance to employers on the Americans with Disabilities Act (ADA) and other equal employment opportunity laws...more

Franczek P.C.

EEOC Takes on Antibody Testing, Returning Older and Pregnant Workers Post-COVID-19

Franczek P.C. on

The EEOC recently updated its COVID-19-related Q & A’s to assist employers in navigating “the new world” post-COVID-19 while complying with the federal anti-discrimination laws as employees return to work....more

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